April 2014: Torture of detainees remains rife in Papua

In brief

At the end of April 2014, there were at least 72 political prisoners in Papuan jails.

Evidence has emerged this month of 12 incidents of torture in three different cases – three in Nabire, seven in Sasawa and two in Jayapura. Accounts of torture in the Sasawa and Nabire cases, and incontrovertible photographic evidence of torture and degrading treatment in the earlier Yalengga flag-raising case from 2010 highlight the issue of impunity in Papua. Torture is used not only against political activists but also other people who happen to be in the wrong place at the wrong time. While investigations into the torture in the Yalengga flag-raising case have begun, it remains to be seen whether perpetrators will be held accountable or if the culture of impunity amongst Indonesian security forces will continue.

In the Nabire case, two men were stabbed and slashed by police officers when they protested police brutality against a third person, while in the Sasawa case, seven men were tortured on arrest with electric stun batons. It remains uncertain if, as claimed by police, the seven detainees were in possession of firearms and weapons, but an added dimension of complexity in areas with heavy presence of pro-independence movements is that civilians are sometimes forced by armed West Papua National Army (Tentera Nasional Papua Barat, TNPB) members to take part in TNPB-related activities. This may include social activities or otherwise non-social activities such as training and guarding posts.

On 2 April, demonstrations were held in nine cities worldwide including London, Melbourne, Jayapura and Timika, calling for the immediate and unconditional release of 76 Papuan political prisoners. While the demonstration in Timika passed peacefully, the one held in Jayapura at the campus of Cenderawasih University (Universitas Cenderawasih, UNCEN) in Waena was tightly controlled by Jayapura Crowd Control and Brimob police, resulting in tensions. Ironically, while the demonstration aimed to highlight the silencing of free speech in Papua and protested arbitrary detention, the response from the authorities was to stop demonstrators from peacefully marching to Abepura and to arrest, detain and torture two students. Police again adopted a strategy of labelling or stigmatising demonstrators as troublemakers by threatening them with charges of violent crime. A similar approach was taken to student leader Yason Ngelia in November last year, when he attempted to raise legitimiate political concerns about the Special Autonomy Plus bill.

Ex-political prisoner Matan Klembiap also faced stigmatisation this month. Klembiap, along with five friends, was detained following accusations of sexual assault of minors, which were quickly proven to be false. Despite this, he continued to be detained and interrogated about political matters.

Arrests

Jayapura: Two students detained overnight and tortured for calling for release of political prisoners

On 2 April 2014, two Papuan students were detained overnight and tortured following demonstrations in the Jayapura area calling for the release of political prisoners. Two demonstrations took place that day, one at Cenderawasih University (Universitas Cenderawasih, UNCEN) in Waena and one in Abepura a few kilometres away. Yali Wenda and Alfares Kapisa were part of the demonstration at UNCEN where they were arrested. At around 08:00 Papuan time, three trucks of Jayapura Crowd Control police (Polisi Pengendalian Massa, Dalmas) and three trucks of police Mobile Brigades (Brigades Mobil, Brimob) arrived with a water canon and a barracuda tank. At around 10:20, student efforts to conduct a long march to join the demonstrators in Abepura were blocked by security forces. Instead, Jayapura police ordered the crowd to disperse, but they refused to do so.

With tensions rising between security forces and the crowd, Kapisa and Wenda attempted to negotiate with the police, but were instead immediately arrested. On arrest, they were beaten and forcefully thrown into a crowd control truck. According to a statement received from Kapisa, they were held in the truck for around one-and-a-half hours while being “beaten with rifle butts, kicked with jackboots, beaten with rattan sticks and fists.” Following their arrests, police also shouted racist insults at the crowd of indigenous demonstrators, calling them ‘monkeys’. Around this time, police also detained several older indigenous women who were passing by and said to the demonstrators that they were going to “torture your mothers.” Angered, the crowd started throwing stones at the police, who reportedly responded by firing 11 shots and teargas at the demonstrators. Jayapura police officially denied shooting at the demonstrators. Students fled the site of the demonstration and sought cover in the UNCEN campus as the shots were being fired.

On their way to Jayapura police station, Yali and Wenda were forced to lie facedown in the truck while police put their riot shields on top of them and trampled on them. Police also administered electric shocks to the men using electric stun batons. Upon arrival at the police station, a doctor was called to attend to their wounds. The doctor forced them to hand over their bloody clothes which were then washed clean. He cleaned their wounds and stitched up Yali Wenda’s ear, without the use of alcohol or anaesthetic. The two men were then left in a holding cell overnight. The next morning, police interrogated the two students. According to Yali and Wenda, police falsified their investigation report (berita acara pemeriksaan, BAP) and forced them to sign it and promise not to carry out any more demonstrations.

Lawyers who attempted to visit Yali and Wenda were denied access, and told that permission was needed from the Chief of Jayapura City police, Alfred Papare. While they were being interrogated, lawyer Ivon Tetjuari arrived at the police station and requested access to the two students. Police officials reportedly denied access, saying that the students were being interrogated. Tetjuari protested as the interrogation was taking place without the presence of a lawyer. The two students were released at around 12:00 that day.

Upon their release, the two students sought medical treatment at Dian Harapan Hospital. When lawyers requested medical reports, doctors stated that they could not do so without a letter from the police. While in hospital, Yali and Wenda were interviewed by human rights workers. A report from the Commission for Missing Persons and Victims of Violence in Papua (Komisi untuk Orang Hilang dan Korban Tindak Kekerasan di Papua, KontraS Papua) stated that both men suffered wounds from electric stun batons. Wenda suffered a torn left ear which required three stitches and a swollen chin while Kapisa had a swollen eye and other bruises on the head.

Wenda has stated that since his release, he has twice been visited by police intelligence agents who asked him whether he is scared of being beaten.

On 24 April, Jayapura police issued a summons for Samuel Womsiwor and Beni Hisage. According to a report from a local human rights investigator, they were wanted to give witness testimony in relation to the reported beating of security forces during the 2 April demonstration at UNCEN. Police are reportedly threatening charges under Article 170 of the Indonesian Criminal Code for violence against property and persons for those found to be involved. Human rights lawyers stated that the summons was a political move by the police to intimidate and threaten the students and lawyers.

Nabire: Three men subjected to police brutality

The Asian Human Rights Commission (AHRC) issued an urgent appeal for two Papuan men who were brutally assaulted by Brimob members in Nabire on 20 March 2014. Siluwanus Nagapapa was brutally stabbed and slashed in the head and back by ten members of the Brimob police when he tried to stop them from beating a third person, an inebriated Papuan man. In attempting to save himself, Nagapapa fled to the house of Paulus Kobogau. Kobogau tried to prevent the police from entering his house but police reacted by similarly attacking him. He was stabbed in the back five times, slashed about the head with a knife, kicked, pelted with stones, and struck with a wooden stick and guns.

The two men were then arrested and detained at Nabire District police station. After having lost a lot of blood, Kobogou fainted and was sent to Siriwini Nabire Hospital for treatment. The following day, Nagapapa also fainted in the detention cell and was taken to the same hospital. After receiving medical treatment for a week, the costs of which they were expected to pay themselves, they were allowed to return home. No investigations were conducted into this case.

Six men including ex-political prisoner wrongly accused of sexual assault

A report from a local human rights worker has revealed the ongoing intimidation of ex-political prisoner Matan Klembiap. According to an interview with some of those involved, on 1 April 2014, Jayapura Regional police arrested six men – Matan Klembiap, Jefri Satto, Yustus Yakusamon, Leksi Yabansabra, Habel Klembiap and Jems – who were on their way to Genyem from Maribu village in West Sentani district. When their car approached, police who had been hiding in the bushes by the road side emerged and blocked their way. The police threatened the six men at gunpoint and ordered them to get out of the car and lie on the road with their hands raised. The police then forced them to remove their clothes before handcuffing them. The six men were then put into a police truck and taken to Jayapura Regional police station where they were separated and placed in different rooms for interrogation.

Police officials told them that they were accused of sexual assault on female minors but then proceeded to interrogate them on their alleged involvement with Papuan activist group, West Papua National Committee (Komite Nasional Papua Barat, KNPB) and the West Papua National Liberation Army (Tentera Pembebasan Nasional Papua Barat, TPNPB). Matan Klembiap, who was accused of being the main perpetrator of the sexual assault was heavily beaten by police in detention. One of the victims, who was called to identify Matan Klembiap, stated that he was not involved in the sexual assault. Despite this, police continued to detain Klembiap, reportedly for the reason that he needed to be interrogated for another matter involving the buying of weapons. In the report provided by the human rights worker, one of the detainees stated that Klembiap was in no way involved in the purchase of weapons.

Klembiap has since been released. However according to information from a local activist, police intelligence officers continue to monitor the movement of the six men in Amai and Maribu village. Klembiap was first arrested on 15 February 2013 alongside six other men in connection with pro-independence activists. Along with Daniel Gobay, he faced torture, intimidation and degrading treatment in detention. He was sentenced to six months and ten days in prison and was released on 25 August 2013. In May 2013, his family had been victims of an attempted assassination.

Releases

There were no reported releases in April 2014.

Political trials and cases overview

Sasawa: Six detainees tortured on arrest

Recent information from the Alliance for Democracy for Papua (Aliansi Demokrasi untuk Papua, ALDP) has revealed details of torture in the Sasawa case, where seven men were arrested in a raid in Sasawa village in Yapen island on 1 February 2014. An article, published on the ALDP website, featured interviews with six of the seven men who remain in detention – Salmon Windesi, Peneas Reri, Kornelius Woniana, Obeth Kayoi, Rudi Otis Barangkea and Jimmi Yeremias Kapanai. Septinus Wonawoai has been released but is required to report to the police. He continues to be investigated and may face trial. The security forces that conducted the raid consisted of a joint military and police task force from the Papuan Provincial police, Sea Police, (Polisi Air, Polair), Siliwangi Military Unit and Serui Military Batallion.

Security forces chained the men together and tied their hands, making them crawl on the ground. Windesi reported that the tying of their hands felt like “being splashed with hot water” and created blisters. He was also hit at the back of the head with a pistol which made him collapse and faint. The men were repeatedly kicked, beaten, hit with pistols and stomped on with jackboots. Kapanai was stamped on his ear until it was bloody. They were also electrocuted with stun batons. Reri stated that he was electrocuted in the mouth and then repeatedly elsewhere on his body. Police also confiscated IDR 900,000 and two handphones from him. When being forced into the police truck, Barangkea was threatened with a bayonet placed against his cheek and neck by a military officer. The officer repeatedly threatened him and said, “I’ll slice your neck until it snaps.”

As reported in the February update, it is unclear who amongst the six detainees are not involved with the armed pro-independence movement, the West Papua National Army (Tentera Nasional Papua Barat, TNPB). Given the limited information available, Papuans Behind Bars will continue to monitor this case and report on relevant human rights concerns, including any violations of the right to a fair trial of the six detainees. The six detainees were charged with conspiracy to commit treason under Articles 106, 108 and 110 of the Indonesian Criminal Code and possession of weapons under the Emergency Law 12/1951. The ALDP article also analyses torture experienced by previous and current detainees including Filep Karma, Alfares Kapisa and Yali Wenda, amongst others.

ALDP lawyers revealed that a photograph released on social media that showed Papuans lying in a ditch while being watched by police officers and other people, is one of Meki Elosak, Wiki Meage, Obeth Kosay and Oskar Hilago under arrest. The four men are currently serving prison sentences of eight years for treason under Article 106 of the Indonesian Criminal Code. They were arrested alongside five others, who may account for the other men photographed in the ditch.

The photograph has been verified by Meki Elosak during an interview with ALDP, with whom he gave an account of the torture and degrading treatment they endured on arrest. Elosak explained that they were made to roll around in a wide muddy ditch by police from Bolakme district in Jayawijaya regency. They were reportedly made to do this repeatedly. Following this, they were forced to lie in a dry ditch. Elosak explained that it was at this point that police using rifle butts broke his nose. He also stated that a few police officers recorded the whole event on their phone.

Ever since the release of the photograph on social media, Jayawijaya police officers from PROPAM (Provos Pengamanan, Provost Security), the police internal complaints and investigations mechanism, have visited Elosak and Meage in Wamena prison to investigate these allegations of torture. ALDP noted that the investigations were undertaken without the presence of lawyers. ALDP also reported that the application for clemency of behalf of the four detainees has been submitted to the Ministry of Law and Human Rights in Papua, where it is currently being processed.

Abepura prison devolves responsibility to family of detainee to provide medical treatment

Human rights workers who visited Stefanus Banal in Abepura prison have reported that he is unable to pay the costs of the medication he needs. Banal has had metal rods inserted in his broken shin bone. They are expected to be removed in three to four months when his bone has sufficiently healed. He is required to take Calcitriol F, a medicine that helps in the healing. Local activists reported that his family have returned to Oksibil in Pegunungan Bintang regency to raise funds for the required medication, as they can no longer afford the costs themselves. Abepura prison authorities have reportedly stated that they would not meet any of such medical costs as they are the responsibility of Banal’s family.

Banal was arrested on 19 May 2013 during a police raid in Oksibil after an arson attack by local residents on the local police station. Residents reportedly attacked the police station in response to an earlier incident on 15 May 2013 in which civilian Leo Klasikmabin was arbitrarily detained and tortured by police. Banal was not involved in the attack, but was shot in the leg and sustained severe injuries during the police raid. Since his arrest, he has received inadequate medical treatment and his family have been made to bear all medical costs from injuries he sustained as a result of the excessive use of force by the police.

Concerns over accusations towards student demonstrator

Human rights lawyers have expressed concern regarding the detention of Kristian Delgion Madai who was arrested on 3 February for allegedly smuggling eight 8.4mm calibre bullets. Lawyers have stated that they believe Madai is being targeted for his peaceful political activities as a student involved in demonstrations in Jakarta. He is facing charges of possession of ammunition under the Emergency Law 12/1951.

Information received from Madai’s lawyers indicate that the bullets may have been planted in his bag during his flight from Jakarta to Jayapura. He did not encounter any problems when checking his bag through security before boarding the flight to Jayapura in Jakarta. He had transited for two hours in Jayapura before boarding his final flight to Nabire, where he intended to attend the Mee Peoples’ Community Forum. It was when he attempted to board this flight that the bullets were found in his bag while going through security. According to Madai, he left his bag under his seat throughout the Jayapura flight as the overhead compartment was full. He was asleep throughout most of the flight and sat between two strangers, indicating the possibility of his bag being tampered with. His trial continues in May.

High Court increases prison sentences for five Biak 1 May detainees

Appeals submitted for the five detainees in the Biak 1 May case were rejected and increased prison sentences were given by the Biak High Court. Oktovianus Warnares, who was previously sentenced to three years was given a five-year prison sentence. Yoseph Arwakon had his sentenced increased by eight months to two-and-a-half years imprisonment. George Syors Simyapen had a two-year increase to his sentence, bringing it up to four-and-a-half years imprisonment. Jantje Wamaer received a two-and-a-half year sentence, up from his previous two-year sentence. The verdict for Markus Sawias has not yet been reached. It is not clear if defense lawyers will submit a review to the Supreme Court.

Ex-detainees forced to act as informants

Reports from ALDP stated that Piter Merani and Agus Wondiwoi, who were released last month, no longer face any police investigation and will not face trial. However, it appears that they have been forced to act as police ‘informants’ to monitor the situation in Menawi village in Yapen island. ALDP lawyers reported that this was an ongoing police strategy used to monitor and track down activists.

Prosecutor demands lengthy prison sentence for peaceful demonstrator

On 17 April 2014, the Public Prosecutor demanded a seven-year prison sentence for Piethein Manggaprouw who is facing charges of conspiracy to commit treason under Articles 106 and 110 of the Indonesian Criminal Code. Manggaprouw was arrested on 19 October 2013 for his involvement in a peaceful demonstration commemorating the second anniversary of the Third Papuans Peoples’ Congress. He is expected to receive his sentence in May 2014.

A nerve specialist doctor in Jayapura General Hospital (Rumah Sakit Umum Daerah Jayapura, RSUD Jayapura) has reported that Jefrai Murib has experienced a heavy stroke which has attacked both the right and left sides of his brain. The findings came from an MRI scan following a routine physiotheraphy appointment. The doctor stressed that Murib requires constant medical attention so that his condition does not deteriorate. Murib, who is serving a life sentence, experienced his first stroke on 19 December 2011. There have been previous reports of Abepura prison authorities not fulfilling their duty to ensure that he meets his regular hospital appointments.

Cases of concern

Nabire human rights defender faces intimidation by police

On 23 April 2014, Yones Douw, a human rights worker with the Tabernacle Chuch in Papua (Kingmi Papua) was heading towards Ojehe in Nabire town when he was stopped and questioned by a police officer. The officer asked him about his work and for his ‘human rights card’ before instructing him to stop and turn around. Douw spoke up to the officer and attempted to pass, but was physically held off. Five other police officers nearby then approached Douw to instruct him to turn around. One of the officers placed his hand on the gun holster in a bid to intimidate Douw. Another officer named Sukifri yelled from a nearby police vehicle for the other officers to “kill him, shoot him or beat him up.” Douw had previously encountered Sukifri in 2009, when he complained against the excessive use of violence by police officers against a Papuan man. Sukifri had reacted by threatening him at gunpoint and released gunshots in another direction. Douw reported that human rights defenders in Nabire continuously face intimidation, threats and acts of terror from the security forces.

KNPB prayer session in Merauke monitored by intelligence and military

On 16 April 2014, KNPB Merauke held a peaceful prayer session in commemoration of the anniversary of the formation of the KNPB. Local activists stated that several intelligence officers and 13 fully armed Indonesian military officers from the Sea Division (Tentera Nasional Indonesia Angkatan Laut, TNI Angkatan Laut) surrounded KNPB Merauke premises throughout the prayer session. Activists expressed concerns about feeling terrorised by the intimidating military presence at a peaceful event.

News

International solidarity groups demand release of political prisoners

On 2 April, solidarity groups from London, Edinburgh, the Hague, Brisbane, Melbourne, Auckland and Wellington held demonstrations to demand the immediate and unconditional release of 76 Papuan political prisoners. Papuan groups in Jayapura and Timika also held similar demonstrations. In Jayapura, two students, Alfares Kapisa and Yali Wenda, were arrested and tortured for their involvement in the demonstration held outside UNCEN campus (see Arrests).

International demonstrators taped their mouths and sat in handcuffs to highlight the silencing of free speech in West Papua. Protestors in London called on Indonesian presidential candidates Joko Widodo and Aburizal Bakrie to address issues of human rights and open access to Papua to international journalists and organisations. Representatives from London-based human rights group TAPOL and Amnesty International UK presented letters to the Indonesian Embassy following the demonstration. TAPOL called on Indonesian authorities to end the practice of charging peaceful political activists with treason, conspiracy and possession of weapons and to comply with international standards concerning detainees. Demonstrators also submitted a letter to the Indonesian Consulate in Melbourne, calling on Indonesian authorities to respect their obligations under international human rights treaties it has ratified.

Olga Hamadi, the director of KontraS Papua, stated the organisation’s support for the global demonstrations. She also expressed gratitude towards the international community for its support for Papuan political prisoners. KontraS Papua has reportedly received over 2,567 letters of support for political prisoners thus far.

* Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok are currently facing charges of conspiracy to commit treason. Even though they were bailed a day after their arrest, they are currently undergoing investigation and are vulnerable to re-arrest. They are currently obliged to report to the police twice a week.

Papuans Behind Bars aims to provide accurate and transparent data, published in English and Indonesian, to facilitate direct support for prisoners and promote wider debate and campaigning in support of free expression in West Papua.

Papuans Behind Bars is a collective effort initiated by Papuan civil society groups working together as the Civil Society Coalition to Uphold Law and Human Rights in Papua. It is a grassroots initiative and represents a broad collaboration between lawyers, human rights groups, adat groups, activists, journalists and individuals in West Papua, as well as Jakarta-based NGOs and international solidarity groups.

More than 40 organisations in West Papua, Jakarta and worldwide have brought their analysis on the human rights and conflict situation in West Papua together. The executive summary of the 218-pages report explains how several human rights standards have deteriorated over the last two years. The report is compiled by the International Coalition for Papua (ICP) and the German Westpapua-Netzwerk (WPN).

Political activist, Oktovianus Warnares was convicted of “rebellion” (makar) in 2013 after peacefully commemorating the 50th anniversary of the handover of Papua to the Indonesian government. He is a prisoner of conscience and should be immediately and unconditionally released.